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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi We are the Claimants in this case and have an agreed

Resolved Question:

Hi
We are the Claimants in this case and have an agreed signed Tomlin Order approved by the County Court with the defendants that they must rectify damage sustained to both our properties due to their negligence.
They were three months over the specified deadline for the completion of works so asked us if he knew a Contractor that could help. We did, and the Defendants drew up an agreement with the Contractor and completed the works a month ago. They sold the house but haven't paid the Contractor. Please note that the defendant is duty bound to rectify these works whether in ownership of the property or not. This was stipulated on the schedule and signed too.
They claim they can't pay as they are sorting their finances. We know they have money as they have just received circa £380k for house!
The Contractor wants paying and is contemplating removing the system that's in place to rectify the problem.
Can you advise on the threat of this if we pay the Contractor were this would leave us in regards ***** ***** schedule?
My understanding is that they would not have fulfilled their obligations and would have breached the agreed scheduled. This being as we were forced to settle this debt.
Also, would I be correct in thinking that a District Judge would just order The Defendants to pay the full amount of the original claim plus costs and the Contractor Fee we've had to stand too?
I also intend if this proves be the case to pay for an order of information against them proving they do have the finances!
Your help really would be appreciated and thank you
Mrs Cox
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this.
Yes you can apply to set the Tomlin order aside and seek full Judgment plus costs.
Then you can pursue the debtor, so get a freezing order on their bank account or make them bankrupt.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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